Single-judge court dismissed a writ petition under Article 227 seeking to set aside impugned judgments regarding a property dispute. The court held the petition barred by res judicata and constructive res judicata as related matters were already pending or disposed of in other proceedings.
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Neutral Citation No. - 2023:AHC:234019
Court No. - 4
Case :- MATTERS UNDER ARTICLE 227 No. - 11340 of 2023
Petitioner :- Imran Khan And 3 Others Respondent :- Nagar Nigam Jhansi And Another Counsel for Petitioner :- Manish Kumar Pandey,Devi Prasad Tripathi Counsel for Respondent :- Gopal Krishna Pandey
Hon'ble Prakash Padia,J.
"A) To set aside the judgment and order dated 16.10.2023 passed by Additional District Judge Court No. 1 Jhansi passed in Misc. Civil Appeal No.63/2022 (Imran Khan & others Vs Nagar Nigam and another) as well as order dated 30.09.2022 passed by Additional Civil Judge (J.D.) Court No.3 Jhansi in O.S. No.232 of 2021 (Imran Khan Vs Nagar Nigam).
B) To direct the respondents not to interfere in the peaceful possession of the shop-inquestion and also not dispossess to the petitioner upon the shop in question."
"1. Heard learned counsel for the petitioners, learned Standing Counsel for the State and learned counsel appearing for respondent Nos.2 and 3.
2. Leaned counsel for the petitioners submits that the petitioners have filed a suit being Original Suit No.232 of 2021 (Imran Khan and others v. Nagar Nigam Jhansi and another), which is pending before the Additional Civil Judge (JD)/Court No.3, Jhansi. He submits that respondent Nos.2 and 3 are not appearing in the said proceedings instead they are going to make allotment of the shop in question. He prayed that the said suit may be directed to be decided as expeditiously as possible.
3. Learned counsel for respondent Nos.2 and 3 undertakes to appear in the aforesaid suit proceedings pending before the Additional Civil Judge (JD)/Court No.3, Jhansi on a regular basis. He further undertakes that respondent Nos.2 and 3 will not create any impediment in the expeditious disposed of the aforesaid suit.
4. Considering the urgency of the matter, without expressing any opinion on the merits of the case, the writ petition is disposed of directing the concerned trial court to conclude the proceedings of Original Suit No.232 of 2021 expeditiously, preferably
within a period of six months from the date of production of certified copy of this order. If the trial court think it necessary, it may proceed with the suit proceedings on day to day basis. "
Order Date :- 11.12.2023 S.K.
Digitally signed by :- SWEETY KANOJIA High Court of Judicature at Allahabad
1 issue framed by the court
Whether the present petition is barred by the principles of res judicata and constructive res judicata given the pendency and disposal of related writ and original suit proceedings.
Imran Khan
Nagar Nigam Jhansi
Prakash Padia
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
